CB(1)1358/08-09(01) Works Branch 政府總部 Development Bureau 發展局 Government Secretariat 工務科 Murray Building, Garden Road, Hong Kong 香港花園道美利大廈 本局網址 Our Website: http://www.devb.gov.hk 電話 Tel No.: 2848 1199 本局檔號 Our Ref.: ( ) in 傳真 Fax No.: 2127 4090 來函檔號 Your Ref.: 電郵 E-mail: 7 April 2009 Clerk to the Panel on Development Legislative Council Building 8 Jackson Road Central, Hong Kong (Attn : Ms Anita Sit) Dear Ms Sit, Panel on Development Follow-up to meeting on 24 February 2009 I refer to the two follow-up actions arising from the meeting of the Panel on Development on 24 February 2009 on the Revitalising Historic Buildings Through Partnership Scheme (Revitalisation Scheme) (Panel paper CB(1)816/08-09(03)). Please see our responses to the two follow-up actions below. Follow-up action 1: Please explain in greater detail the basis of selecting SCAD Foundation (Hong Kong) Limited to revitalise North Kowloon Magistracy under the Revitalisation Scheme. Our response: (a) All applications under the Revitalisation Scheme are vetted by an Advisory Committee on Revitalisation of Historic Buildings. The Committee comprises ten non-official and three official members who are professionals and experts in the fields of historical research, architecture, surveying, social enterprise, finance etc. The Committee examined and assessed the applications in accordance with five assessment criteria, i.e. 1 - reflection of historical value and significance - heritage preservation - social enterprise operation - financial viability - others (b) Among the 22 applications received for the North Kowloon Magistracy (NKM), the Committee had shortlisted three applications for second round assessment. The Committee had interviewed the three shortlisted applicants, asked supplementary questions arising from the interviews and authorized the Secretariat to pay visits to the shortlisted applicants to get first-hand information on their operation. Two officers from Development Bureau had visited the campus of SCAD in Atlanta & Savannah, USA, and had reported their observations to the Committee. SCAD Foundation (Hong Kong) Limited (SCAD-HK) was selected by the Committee because it was considered to be a balanced proposal and was the best among the three shortlisted applications in meeting the dual objectives of the Revitalisation Scheme, i.e. preserving the historic building and at the same time putting it for use in the best interest of the community. Reasons for the selection of SCAD-HK were set out in Annex 2 of the Panel paper CB(1)816/08-09(03). The relative ranking of SCAD-HK among the three shortlisted applications, in respect of each of the five assessment criteria, is given below: (i) on reflection of historical value and significance, SCAD-HK ranks the second; (ii) on heritage preservation, SCAD-HK ranks the second; (iii) on social enterprise operation, SCAD-HK ranks the first; (iv) on financial viability, SCAD-HK ranks the first; and (v) on others, SCAD-HK ranks the first among the three shortlisted applications. (c) It should be noted that the five criteria were given equal weightings and individual scores accorded to each criterion were aggregated to produce the final outcome. In particular, on the social enterprise operation aspect, which aims to assess the wider social benefits of a particular proposal, SCAD-HK was highly rated as it will help promote Hong Kong as a regional art and design educational hub and improve Hong Kong’s global competitiveness in digital media and creative industries. The proposed campus will serve 1,500 local and overseas students and this educational institute together with the related design promotion activities would help revitalise an older part of Sham Shui Po. On financial viability, the sustainability of the project operation depends on whether target enrolment of students is met while containing costs. With SCAD’s good track record, the project stands a reasonable chance of succeeding. On other considerations, the parent organisation of the selected applicant possesses substantial experience in adaptively re-using historic buildings in the U.S.A. The parent organisation has confirmed it would fully support SCAD-HK in the project. 2 Follow-up action 2: Please demonstrate how the Administration could re-enter the heritage buildings through specifying conditions in the service agreements and/or tenancy agreements. Our response: (d) Under the Revitalisation Scheme, Government will retain ownership of the land and the buildings. The Government will monitor the performance of all selected applicants through service agreements and tenancy agreements. To ensure the social enterprises (SE) are operated according to the project proposals, Government and selected applicants will enter into service agreements by which the content of the social enterprise projects including the project period, scope, uses, mode of operation and budget components etc. will be specified in the clauses and conditions of the agreements. The successful applicants are also required to submit regular reports and audited account statements to us for monitoring their performance. We shall also carry out physical checks on site from time to time to ensure the SEs are being operated in accordance with the proposals originally agreed by the Government. (e) In the event that an SE is not operated to the satisfaction of the Government in accordance with the proposal originally agreed by the Government, the Government will request the relevant applicant to rectify the situation. In the event the applicant fails to accede to the Government’s request within a specified period, the Government will decide whether to terminate the tenancy agreement and take possession of the building. We will ensure that the service agreement and the tenancy agreement will empower the authority to pursue such action. Petition Letter to LegCo 2. Just before the Panel meeting on 24.2.2009, the LegCo Secretariat emailed to us a petition letter with 350 signatures addressed to the LegCo Members (please see Annex 1 attached), in which questions were raised on the selection of SCAD-HK for the North Kowloon Magistracy under the Revitalisation Scheme. The LegCo Secretariat had advised us that the petition letter was addressed to LegCo Members and was provided to them, amongst other things, for reference in conducting the discussion at the meeting. Responding to the letter was therefore not a follow-up action. Nevertheless, we consider we should put on record a formal response to the questions raised in the petition letter and in this regard, please see attached at Annex 2 our response. 3 3. We shall be grateful if you would convey the above to Members for their information. Yours faithfully, (Edwin K. H. Tong) for Secretary for Development c.c. Secretary for Education (Attn: Ms Amy Wong) Secretary for Home Affairs (Attn. Ms Christine YY Wai) b.c.c. Mr Ivan CS Cheung, SEO(Adm), PLB 4 .